Section 21 in The Gujarat Drugs (Control) Act, 1959
21. Penalty. - (1) Whoever contravenes any of the provisions of this Act or of penalty any rule, order or notification made or issued thereunder, or fails to comply with any direction made under authority conferred by this Act, shall, on conviction, be punished.
(i)for a first offence, with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees;Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees;(ii)for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees :Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees;(iii)for a third or subsequent offence, with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees :Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than one year and fine shall not be less than two thousand and five hundred rupees.(2)In the event of any breach by the holder of any licence, permit or pass granted under this Act, or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit or pass, such holder shall, in addition to the cancellation or suspension of the licence, permit or pass granted to him, be punished, on conviction, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both, unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach.Any person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence, permit or pass, shall be liable to the same punishment.
